What to do if I prepaid for 6 months at bootcamp fitness center but about 5 weeks after I did so, the business moved locations?
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What to do if I prepaid for 6 months at bootcamp fitness center but about 5 weeks after I did so, the business moved locations?
Now instead of being in a large open area that allowed a wide variety of fun exercises, they are now in a small area were there is little room to move around. I asked the owner for a refund and he refused. Do I have grounds for breech of contract?
Asked on October 17, 2012 under General Practice, Kentucky
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue the fitness center for breach of contract because its new location does not allow you to have sufficient space for your exercises. Not providing sufficient space for your exercises is a material breach of the contract. A material breach is one that goes to the heart of the contract, the basis of the bargain. Your damages (the amount of compensation you are seeking in your lawsuit for breach of contract) would be the amount you had pre-paid.
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